Dominic Ferrie

The Scottish Criminal Cases Review Commission (‘the Commission’) hasreferred the case of Dominic Ferrie to the High Court of Justiciary.In accordance with the Commission’s statutory obligations, a statement ofreasons for its decision has been sent to the High Court, Mr. Ferrie and CrownOffice. The Commission has no power under its founding statute to make copiesof its statements of reasons available to the public. Brief summaries of thebackground of the case, the evidence led at the trial, the grounds the Commissionrejected and the Commission’s reasons for referral are given below. Thesesummaries are for information purposes only and the content of this news releaseshould not be treated as forming part of the Commission’s statement of reasons1.0 Background1.1 On 6 August 2001, at the High Court at Glasgow, Mr Ferrie appeared on anindictment which narrated that on 30 April 2001, at a flat in Wishaw, he andStewart Lees Quinn, while acting with Stephen Michael Nisbet, assaulted DavidHogg James, repeatedly punched him on the head and body, repeatedly struckhim on the head and body with bottles and other blunt and sharp instruments,burnt his body with a hot iron, dragged him across the floor, forcibly ejected himfrom a first floor window into the rear garden of the premises, causing him to strikehis head and body against the ground, repeatedly kicked and stamped on hishead and body, struck him over the head and body with pieces of slabbing, andthereby murdered him. Mr Ferrie and his co-accused were also charged withattempting to defeat the ends of justice in relation to a connected matter.1.2 On 21 August 2001, the jury, by a majority verdict, found Mr Ferrie guilty ofmurder, under deletion of the reference to the alleged forcible ejection of thedeceased from the window. Their verdict on the charge of attempting to defeat theends of justice was not proven, again by a majority. Mr Ferrie’s co-accused, MrQuinn, was convicted of both charges. Mr Ferrie was sentenced to lifeimprisonment with a punishment part of 14 years.1.3 Stephen Michael Nisbet was later apprehended and convicted of the murderin separate proceedings.1.4 Messrs Ferrie, Quinn and Nisbet’s appeals against conviction were refusedby the High Court on 16 September 2005.2.0 Evidence at the Trial22.1 The main Crown witness said that he had seen Mr Ferrie taking part in anassault on the deceased, which took place inside the flat. He went on to say thatMr Nisbet had shouted: “Out the window with him [deceased].”2.2 That witness’s account was corroborated by the discovery of Mr Ferrie’sfingerprint on the outside of the bedroom window.2.3 The deceased was discovered in the back garden of the house, outside thebedroom window. The cause of death was established as blunt force trauma tothe head. A number of bloodstained pieces of paving slab were found in thevicinity of his body.3.0 Grounds that the Commission Rejected3.1 The Commission considered and rejected submissions to the effect that theapplicant’s representation was defective and that, contrary to section 92 of theCriminal Procedure (Scotland) Act 1995, part of his trial took place outwith hispresence. A further ground challenging the reasonableness of the jury’s relianceupon the evidence of the main witness, who was seriously intoxicated, was alsorejected.4.0 Reasons for Referral4.1 The Commission came to the conclusion that the case against Mr Ferrie wassufficient, but only if it was accepted that the deceased was forcibly ejected fromthe window. If this was not accepted, the Commission believes that there was noevidence capable of linking Mr Ferrie with the fatal portion of the assault. Withreference to section 106(3)(b) of the Criminal Procedure (Scotland) Act 1995, theCommission takes the view that no reasonable jury, properly directed, could havereturned a verdict of guilty under deletion of the reference in the indictment toforcible ejection. Accordingly, the Commission believes that a miscarriage ofjustice may have occurred.5.0 Notes for Editors5.1 The Scottish Criminal Cases Review Commission was established as anindependent body on 1 April 1999 to review alleged miscarriages of justice inScottish convictions and/or sentences. Under section 194A–L of the CriminalProcedure (Scotland) Act 1995, as inserted by section 25 of the Crime andPunishment (Scotland) Act 1997, the Commission may refer a case to the HighCourt if it believes that a miscarriage of justice may have occurred and that it is inthe interests of justice that a reference should be made. Once the Commissionrefers a case to the High Court, the case will proceed as a normal appeal.